Text of Civil-Rights Office Letters To Regionals Heads, School Districts

Following is the text of a Nov. 21 memorandum from Harry M. Singleton,
the Education Department's assistant secretary for civil rights, to the
directors of the office for civil rights' 10 regional offices regarding
the department's new policy on bilingual education.

As you are aware, the policy of the Office for Civil Rights is that
school districts must take affirmative steps to provide effective
participation in educational programs for national-origin minority
students whose proficiency in English is limited (language-minority
students). This policy is set forth in the document entitled
"Identification of Discrimination and Denial of Services on the Basis
of National Origin" (the May 25th memorandum, 35 Fed. Reg. 11595,
1970), which provided clarification of the requirements of Title VI of
the Civil Rights Act of 1964 (Title VI) on this matter.

In a memorandum dated July 2, 1982, I issued guidance entitled
"Interim Procedures for Conducting Title VI Language-Minority
Investigations," which described how ocr staff will conduct complaint
and compliance-review investigations in school districts enrolling
language-minority stu-dents, and the standards to be followed in
determining whether there is a violation of Title VI.

Consistent with the May 25th memorandum, the July 2, 1982, guidance,
and the U.S. Supreme Court decision in Lau v. Nichols, ocr's policy for
the past several years has been to allow school officials to choose the
programs that, in their judgment, provide for the most effective
participation of language-minority students in their educational
program.

There is some question as to whether all school districts
implementing ocr-approved plans (Lau plans) are fully aware of their
option to select and implement educational programs of their choice, or
to modify significantly or replace programs that they judge not to be
as successful as other programs would be in providing for the effective
participation of language-minority students.

Each regional office is directed to identify all districts
implementing Lau plans negotiated pursuant to Title VI or to the
requirements of the former Emergency School Aid Act (esaa), and to
notify those districts of the option to modify any of the programs or
procedures set forth in agreements, subject to ocr approval.

Specifically, these districts are to be informed that they may
implement any program that takes affirmative steps to provide for the
effective participation of language-minority students in their
educational programs.

Attached is a model letter that may be used as a guide for this
notification.

You may need to modify the letter for many former esaa districts,
explaining that esaa waiver agreements also meet Title VI
requirements.

By January 17, 1986, you are to provide me a list of school
districts in your region that have Title VI or esaa agreements on file
with your office, indicating the date such agreements were accepted by
ocr and the date your office mailed the notification letter mentioned
above.

The notification letter should not be sent to any school district
where information indicates that language-minority students are not
being offered the educational programs required by Title VI. Such
districts should be scheduled for compliance reviews. ...

Attached to the memorandum was a copy of the model letter mentioned
by Mr. Singleton. Following are excerpts from that letter.

... We are aware of the need for school districts to modify their
educational programs from time to time, as indicated by their own
experience or by educational research in the field. Changing
circumstances may also require the modification of educational programs
to ensure the effective educational participation of all
language-minority students.

This letter is to remind you that ocr's policy for the past several
years has been to allow school officials the flexibility to choose any
educational program that meets the educational needs of the
language-minority students enrolled in their schools.

In that regard, [your] district has the option to modify any program
previously negotiated ... or to change from one type of program to
another, as long as the district continues to meet the requirements of
Title VI and to provide for the effective participation of all
language-minority students in the educational programs it offers.
...

Please note that if you are satisfied with your existing program,
modification is not required. Districts that are satisfied with current
programs and contemplate no significant changes need not take any
further action with regard to this notice. However, if you believe you
can better meet the Title VI obligation of taking affirmative steps
that will ensure the effective participation of language-minority
students in your educational program, you are free to revise or change
your program, subject to review by ocr, in accordance with the above.
...

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